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(영문) 대법원 2019.10.31 2019도1231
배임수재
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court reversed the first instance judgment that found Defendant C guilty on the ground that there was no proof of crime regarding the part concerning occupational embezzlement among the facts charged against Defendant C, and acquitted the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of occupational embezzlement.

2. The lower court found the Defendants guilty of the charges on the grounds stated in its reasoning, except the aforementioned acquittal portion.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of taking property in breach of trust

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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